BILL ANALYSIS Ó
AB 992
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Date of Hearing: May 6, 2015
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL
SECURITY
Rob Bonta, Chair
AB 992
(Committee on Public Employees, Retirement, and Social Security)
- As Introduced February 26, 2015
SUBJECT: County Employees Retirement Law of 1937: disability
retirement: modification of allowance
SUMMARY: Clarifies that a member of a retirement system
established under the County Employees' Retirement Law of 1937
('37 Act) who retired for service and is later granted a
disability retirement benefit may change their retirement
option.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: Under existing law, a '37 Act member who files for
disability retirement may, if eligible, retire for service while
their disability retirement application is pending. If the
member is later found to be eligible for disability retirement
benefits, appropriate adjustments are made to their retirement
allowance retroactive to the effective date of his or her
disability retirement.
While most '37 Act retirement systems would allow a retiree
AB 992
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under the above scenario to change their retirement option if
the retirement board grants a disability benefit, there appears
to be a conflict between two sections of existing law.
Government Code Section 31760 precludes changes to a member's
retirement election after receipt of the first payment of the
retirement allowance. Government Code Section 31725.7(d) states
that the optional or unmodified type of allowance selected by
the member at the time of retirement for service shall not be
binding as to the type of allowance the member receives if the
member is awarded a disability retirement.
AB 992 amends Government Code Section 31760 to clarify that a
member who retired for service and is later granted a disability
retirement benefit may change their retirement option.
REGISTERED SUPPORT / OPPOSITION:
Support
State Association of County Retirement Systems (Sponsor)
Los Angeles County Employees Retirement Association
Opposition
None on file
AB 992
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Analysis Prepared by:Karon Green / P.E.,R., & S.S. / (916)
319-3957